Question

Our company has about 25 employees (out of a total of 53) who speak very little English. What posters and notices are we required to provide in their native languages? Most of these employees speak Spanish, but a few speak Portuguese.

Answer

These requirements will vary depending on the type of poster or notice. Below is a summary of key federal and Massachusetts requirements.

Federal Law Posters and Notices

Federal law has limited requirements for translating posters, but the US Department of Labor (DOL) recommends translation whenever possible.

The following posters must be translated into languages spoken by a “significant portion” of your workforce:

• Family and Medical Leave Act (FMLA): If an employer’s workforce includes a significant portion of workers who are not literate in English, the employer shall be responsible for providing the notice in a language in which the employees are literate. The FMLA poster is available in Spanish, and translated FMLA forms are also available.
• Migrant and Seasonal Agricultural Worker Protection Act (MSPA): This poster shall be provided as necessary and reasonable in Spanish or another language common to migrant or seasonal agricultural workers who are not fluent or literate in English. (See the Poster Topic page for Spanish, Vietnamese, Hmong, and Haitian Creole copies.)
• Executive Order 13496 (Employee Rights Under Federal Labor Laws): Contractors and subcontractors are required to post translations of both the physical and electronic postings when a significant portion of a contractor’s workforce is not proficient in English. Contractors and subcontractors must provide the required notices in the employees’ languages. Upon request, the Department will provide translations of the poster and the electronic link that leads to the e-poster.
• The Immigration and Nationality Act (INA) (Employee Rights Under the H-2A Program Poster): The employer must provide this poster, to the extent necessary, in any language common to a significant portion of the workers if they are not fluent in English.

Posters for the Fair Labor Standards Act and others can be found here.  Translations of the Occupational Safety and Health Act poster are also available.

There is no definition of what constitutes a “significant portion” of the workforce. It is recommended that if a translation is provided or easily obtained, post the translation for any group of workers who may not be fluent in English.

Massachusetts Law Posters and Notices

Massachusetts has more specific requirements for translating workplace posters and notices. Generally, translations are required if five or more employees at a workplace have a primary language other than English. Key requirements include:

• Massachusetts Paid Family and Medical Leave: The required workplace notice shall be in English and in each language other than English that is the primary language of five or more workplace employees if such notice is available from the department. Find posters here.
• Wage and Hour – The minimum wage poster must be posted in English and any language spoken by 5 percent or more of the employer’s workforce. Posters may be found at this link.
• Unemployment Insurance: The law requires that the poster be displayed in a conspicuous location in the workplace. The poster and the unemployment pamphlet are available in many languages.
• Pregnant Workers Fairness Act: Employers must provide notice to new employees at or prior to the commencement of employment, and to an employee who notifies the employer of a pregnancy or an employee who notifies the employer of a condition related to the employee’s pregnancy. The notice has not been translated, but the MCAD Guidance, which satisfies the notice requirement, can be found in English. We recommend that employers ensure that the employee understands the notice when receiving it at the time of a reported pregnancy.
• Workers’ Compensation: The Department of Industrial Accidents requires this poster to be displayed in the workplace and provides it in many languages.
• Earned Sick Time: Notice translations in many languages may be found here.
• Massachusetts Fair Employment Practices: The Massachusetts Commission Against Discrimination (MCAD) requires employers with six or more employees to post this notice of Fair Employment Practices. The MCAD does not provide translations of the notice, but it must be translated if an employer has five or more employees whose first language is other than English.

Need Help?

If AIM members have questions about workplace notices and posters, please contact the AIM Helpline at 800-470-6277 or Helpline@AIMnet.org.